Lottery and Gaming Act 1888 (SA)

ANNO QUINQUAGESTMO PRIM0 ET QUINQUAGESIMO

SECUNDO

A.D. 1888.

No. 426.

An Act to amend '' The Lottery and Gaming Act, 1875,"

and for other purposes.

[Assea t ed to, Se#tember ~ p t h, 1888.1

HEREAS it is ctcsirable to amend ' m 'She Lottery and Gaming Preamble.

Act, L875 "- lle it therefore Enacted by the Governor of the Province of South Australia, by and with the advice and consent of the Legislativc Council and Housc of Assembly of the said province, in the prcscnt Parliament assernloleti, as follows:

1. " The Lottery and Gaming Act, l b75 " is hereby repealed, so " The Lottery and Gaming Act, 1875."

426

far as regards the instrument or machine known as '' The Totali. ato or,'^ wLcn the use of such machine or instrument shall be licensed by tlrc Commissioner of I'olice, subject to the approval of the Chief Secretary, and such machine or instrument used in accordsncc with

the rules and regulations set, out in the Schedule hereto.

2. Any person under the age of twenty-one years, who Persons under 21 years of age not to

shall be convicted of wagering by means of the totalizator, ., totalizator under

shall be liable to a nenaltv of not liss than One Pourid nor more penalties.

than Twenty ~ o u n d s for h e first offence; and not less than Five Pounds nor more than Fifty Pounds for each subsequent offence: Provided that a clearly prinhcd copy of this section of the Act shall be affixed over each door or opening in every totalizator machine at which money is paid or received. Aud any person or club using any totalizator machine withotit having such notice3 so affixed as aforesaid, shall be liable to a penalty not exceeding Penalties-

Twenty Pounds for each offcnce. 'l'he penalties prescribed by this

Act

51" & 5 9 VICTORIJE, No. 426.

The Lottwy and Gaming Act Amendment Act.-1888.

,4ct to bc recovered in a summary way before any Jnstice of the

Peace, and under thc provisions of Act No. 6 of 1850.

The Governor may 3.

'She Governor may from time to time make new rules and regulations, and alter, amend, or add to any of the rules and regulatiotls set out in the Schedule hereto, and such new rules and regulations, alterations, amendments, or additions, shall be laid before both Houses of Parliament within one month if Parliament be sitting, and if Parliament bc not sitting, then within one month after the commencement of the next ensuing session thereof; and if not disallowed by express resolution of either House of Parliament, such regulations, amendments, or additions shall, after the expiration of such month, be conclusively deemed to be valid and shall have the force of law. All such regulations when so amended and pre- scribed shall be published in the Government Gazette for general information.

make new rules and

regulations.

xo licence to be 4. No licence shall Le grantcd to any racing club unless there

gmntpd t o a r ~ ~ club

unless it c.onsiata of are at least one hundred members of such club if the racecourse

one h,ared or fifty of such d u b is situated within ten miles of Adelaide, or fifty

membersaubscribing members if situated at a greater distance; nor unless the annual

Two IIundred or Fifty

Pounds respectively.	subscriptions paid by the members of such clubs shall amount to Two Hundred ~'ounds or Fifty Pounds respectively. Before grant-
ing m y licence the Commissioner shall rcquirc proof of the
provisions of this clause.

East park Lands,	5, No licence shall be issued for the use of the totalizator on
Morphettville>and

Onkaparinga race-	any racecourse situated within twenty miles of Adelaide except
courses only to be	for the racecourses known as the Sast Park Lands, Norpbettville,
licenseaR'ithintwet	miles of idclaide.	and Onkaparinga, unless a resolution shall be passed by both Houses
of Parliament to that effect.
Licencea for other

racecoursc~. 6, No licence shall be issued for the use of the totalizator on

any other racecourse if such racecourse is situated within twenty miles of any other licensed racecourse; in the event of simultaneous	applications for licences on racecourses within twenty miles of each	other, i t shall be in the discretion of the Commissioner, subject to
the approval of the Chief Secretary, to licencc which racecourse he thinks fit.

Interpretation. 7, Tn the interpretation of this Act the term the totalizator"

shall include the instrument or contrivance known as " The Total- izator," and :my other machine or instrument of a like nature, and coiiducted on the like principles.

Uiatances how

determinctl, 8, All distances required to be estimated uiidcr this Act shall

be estimated by straight lines from point to point upon the Govern-

ment maps.

Limitation of Act. Q, This Act shall apply to horse racing only.

51" 52' VICTORIW, No. 426. 3

The Lottery an G Gaming Act Amendment Act.-1888.

10. No licence granted under this Act shall sanction the use by Number of times totalizator may be

any one club at the same time and on the same racecourse of more .,,d.

than one totalizator, nor shall sanction the use of any totalizator-

(a) By any one club for more than seven days in the year, reckon-

ing from the passing of this Act:

( b ) On any racecourse within twenty miles of the General Post

Office, for more than twelve days in any one year, rcclroncd as aforesaid: nor-

( c ) On any other racecourse for more than eight days in any one

year. reckoned a's aforesaid.

11. Every ciub may retain as commission, out of the moneys paid Amount of commis-

into the totalizator in respect of ally race, a sum of money which t ~ ,~ ' ' "	'lub
shall not exceed seven and a half per cent., and all such moneys shall be applied by such club, without any deduction whatever, for the promotion of racing on the racecourse for which the l ice~~ce
shall have been granted.

12. Within twentyone days after the last day for which any C h b to render

licence is granted under this ,4ct, cvery club so licensed shall deposit account-

with the Commissioner of Police a full and true account, under the

hand of its secretary, or the hands of two members of its committee

or executive body, of the sums received by such club through the

totalisator on the occasion of the use thcrebf under such licenw? and

of the commission retained as aforesaid, and of the manner in which

such cornmission has been expended, and also a correct schedule of

the names, addresses, aiid occupation of its members; and the chair-

mall of any club who shall fail to comply with the provisions of this

section shall be liable to a penalty of not less than Twcnty Polmtls

nor more than Fifty Pounds.

13. This Act may be called '' The Lottery and Gaming Act short title.

Amendment Act, 1888."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill,

WM. C. F. ROBINSON, C' mvernor.

51' & 52' VICTORIE, No. 426. .-

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The Lotterg and Gamkg Act Amendmint Act.-1888. -

Rules a?zd Regulation~.

The Commissioner of Police may, subject to the provisions of this Act and the rules and regulations made thereunder, grant a licence for the use on any racecourse of the instrument or contrivance for wagering or hetting knobvn as the totalizator, or any machine or instrument of the like nature and conducted upon the same prin- ciples; and such instrument, when used in accordance with such iiccnce, and every oflice, room, or place upon t,he racecolme used for the purposes of the said instru- ment, and every placard, advertisement, letter, or c i n d n r referring to tllc same, shall be exempted from the provisions of " The Police Act, 1869," " The Lottery and Gaming Act, 1875," the Act, No. 282, of 1883, and every other Act prohibiting gaming and wagering.

Such licence shall be in the following form, or as near thereto as circumstances shall permit, and shall be granted for one year only to the committee or executive body of any recognised racing club, or one or nkure members of such committee or executive body, on application by or on behalf of such clnb or the comrnittrc t h t ~ e o f,

but only for the ra.:ecourse and the days named in such licence.

Fwnz of Licence.

By virtue of " The Lottery and Gaming Act Amendment Act," and subject to the provisions thereof, these are to licence Xlr. being thc cl~airrnan of, and the other members of the committee or executive body of, the racing club called the to use the totalizator on the racecourse

at during

the	day of
the	clay of
the	day of
the	day of
the	day of
the	day of
the	day of

Given under my hand the day of

Commissioner of Police.

Fees to be paid on appli-	Every club applying for a licence under this Act shall, on such applicatioh, pay to the Co~nrnissioner of Police a licence fee of One Pound One Shilling for eyery day for which such licence is applied for; and i f the liccncc is not granted for as many days as are applied for, the Commissioner of Police shall return the said licence fee, or a proportional part thcreof, as the case may be.
cation for licence.

~ommirrsioner of Police On application by any person, and on payment of a sum not exceeding One Shil-

to furni~h certified

copies.	ling for every folio of seventy-two words, the Commissioner of Police shall furnish
two copies, certified under his hand as such, of any licence granted, and of any
account deposited under this Act.
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Adelaide : By authority, E. F. LEADER, Government Printer, North-tenwe.